International Protection Act 2026
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Exceptions to making of return decision | ||
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221. (1) The Minister shall not make a return decision under section 216 or 218 in respect of a person where— | ||
(a) the person is the subject of a deportation order, | ||
(b) there is a return decision in respect of the person in being under this Chapter, or | ||
(c) subject to subsection (3), the person is a member of a class or classes of persons prescribed under subsection (2). | ||
(2) The Minister may, for the purposes of subsection (1)(c), prescribe a class or classes of persons, being persons to whom such permission to remain in the State (given in accordance with the law of the State and being valid) as may be specified has been given. | ||
(3) Notwithstanding subsection (1)(c) and subject to subsection (4), the Minister shall make a return decision in respect of a person referred to in subsection (1)(c) where the Minister is of the opinion that it is in the interests of public policy, public order or national security to do so. | ||
(4) The Minister shall not make a return decision referred to in subsection (1) in respect of a person referred to in subsection (1)(c) where the person is a person— | ||
(a) to whom Regulation 3(1) or 20(12) of the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ) applies, or | ||
(b) referred to in Regulation 5 or 6 of the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 ( S.I. No. 728 of 2020 ). | ||
(5) In making regulations under subsection (2), the Minister shall have regard to— | ||
(a) the nature and purposes of the permission, | ||
(b) the period for which a person to whom the permission is given may remain in the State, and | ||
(c) the type of conditions that may be attached to such a permission. |